State v. Lester
2013 Ohio 2485
Ohio Ct. App.2013Background
- Lester was indicted on breaking and entering, theft, and criminal damaging.
- He pled guilty to breaking and entering and theft; the remaining charge was dismissed.
- During sentencing, Lester orally moved to withdraw his pleas; the trial court denied the motion and sentenced him.
- Appointed counsel filed an Anders brief, and Lester did not file a pro se brief.
- The court applied Anders to determine whether any meritorious issue exists and found none.
- Court held the presentence withdrawal motion lacked a reasonable basis and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion denying the presentence motion to withdraw? | State contends denial was not an abuse of discretion. | Lester argues there was a basis to withdraw the pleas before sentencing. | No abuse; denial was proper; appeal frivolous. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (counsel may withdraw if record is wholly frivolous after review)
- State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (presentence withdrawal should be freely liberally granted; requires hearing)
- State v. Xie, 62 Ohio St.3d 521 (1992) (hearing required to determine reasonable basis for withdrawal)